28 U.S. Code § 1291 - Final decisions of district courts

The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections
1292(c) and (d) and
1295 of this title.

This section rephrases and simplifies paragraphs “First”, “Second”, and “Third” of section
225(a) of title
28, U.S.C., 1940 ed., which referred to each Territory and Possession separately, and to sections 61 and 62 of the Canal Zone Code, section 933(a)(1) of said title relating to jurisdiction of appeals in tort claims cases, and the provisions of section
1356 of title
48, U.S.C., 1940 ed., relating to jurisdiction of appeals from final judgments of the district court for the Canal Zone.

The district courts for the districts of Hawaii and Puerto Rico are embraced in the term “district courts of the United States.” (See definitive section
451 of this title.)

Paragraph “Fourth” of section
225(a) of title
28, U.S.C., 1940 ed., is incorporated in section
1293 of this title.

Words “Fifth. In the United States Court for China, in all cases” in said section
225(a) were omitted. (See reviser’s note under section
411 of this title.)

Venue provisions of section
1356 of title
48, U.S.C., 1940 ed., are incorporated in section
1295 of this title.

Section
61 of title
7 of the Canal Zone Code is also incorporated in sections
1291 and
1295 of this title.

In addition to the jurisdiction conferred by this chapter, the courts of appeals also have appellate jurisdiction in proceedings under Title 11, Bankruptcy, and jurisdiction to review:

(1) Orders of the Secretary of the Treasury denying an application for, suspending, revoking, or annulling a basic permit under chapter
8 of title
27;

(2) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;

(3) Orders of the Secretary of the Army under sections
504,
505 and
516 of title
33, U.S.C., 1940 ed., Navigation and Navigable Waters;

(4) Orders of the Civil Aeronautics Board under chapter 9 of title
49, except orders as to foreign air carriers which are subject to the President’s approval;

(5) Orders under chapter
1 of title
7, refusing to designate boards of trade as contract markets or suspending or revoking such designations, or excluding persons from trading in contract markets;

(6) Orders of the Federal Power Commission under chapter
12 of title
16;

(7) Orders of the Federal Security Administrator under section
371(e) of title
21, in a case of actual controversy as to the validity of any such order, by any person adversely affected thereby;

(8) Orders of the Federal Power Commission under chapter
15B of title
15;

(1) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;

(2) Final orders of the National Labor Relations Board;

(3) Orders to cease and desist from violating section
1599 of title
7.

The Court of Appeals for the District of Columbia also has jurisdiction to review orders of the Post Office Department under section
576 of title
39 relating to discriminations in sending second-class publications by freight; Maritime Commission orders denying transfer to foreign registry of vessels under subsidy contract; sugar allotment orders; decisions of the Federal Communications Commission granting or refusing applications for construction permits for radio stations, or for radio station licenses, or for renewal or modification of radio station licenses, or suspending any radio operator’s license.

Changes were made in phraseology.

Amendments

1982—Pub. L. 97–164, § 124, inserted “(other than the United States Court of Appeals for the Federal Circuit)” after “The court of appeals” and inserted provision that the jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections
1292(c) and (d) and
1295 of this title.

1958—Pub. L. 85–508struck out provisions which gave courts of appeals jurisdiction of appeals from District Court for Territory of Alaska. See section
81A of this title which establishes a United States District Court for the State of Alaska.

Amendment by Pub. L. 85–508effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c.16 as required by sections 1 and 8(c) ofPub. L. 85–508, see notes set out under section
81A of this title and preceding section
21 of Title
48, Territories and Insular Possessions.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 ofPub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections
3831 and
3841 to
3843, respectively, of Title
22, Foreign Relations and Intercourse.